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James Richard Butler
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James Butler’s Answers

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  • Dismissable DUI-Minor?

    am charged with a DUI-Minor in Texas. I was pulled over for racing and blew a .015 on the PPT when it was all said and done. I was issued a citation and then told I could drive away, and did. Is this charge dismissible due to the fact I drove away?

    James’s Answer

    I don't think the fact that you were allowed to drive away is dispositive of the case. Remember, they only have to show that you had a detectable amount of alcohol in your system in order to write you a citation. Be careful how you handle this, as there is a license suspension you're possibly facing. Hire local counsel to handle this case for you. Best of luck.

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  • What's gonna happen if I fail my drug test on the first test?

    I was put on DADJ For a class b misdemeanor. I was with some friends and they all starting smoking weed and I ended up getting some of the second hand smoke. I'm making an effort to get all my stuff done for probation. I have a job and I'm saving ...

    James’s Answer

    I agree with Mr. White. How long have you been on community supervision? If this is your first drug test, and it's still within 30 days of your arrest - they expect you to be dirty, and they will expect your levels to dissipate and then disappear. If more than thirty days have passed since your arrest, then you have some explaining to do. How heavy a user were you ? Are you obese ? These factors can effect the length of time that marijuana metabolites can be detected in a urine sample. I agree with the lawyer who touched on your "second hand smoke" explanation for why your U.A. will be "dirty". Probation Officers wont be impressed with that explanation. Ultimately what happens in your case will depend on the judge. You already plead guilty, and that judge has withheld a finding of guilty. If they adjudicate you, they have the full range of punishment at their disposal. If the judge chooses not to adjudicate you, they can modify and/or extend your deferred adjudication probation, giving you another opportunity to avoid a final conviction. I Hope this information helps.

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  • Can probation conditions be added without the sentencing judges approval in Texas?

    When initially sentenced for my first dui offense, the Judged removed the At-Home Breathalyzer condition citing reasons that it was unfair and I am an adult who can drink. I still have to get an interlock if ever get another car during probation. ...

    James’s Answer

    Interesting - a judge who wants you to continue to drink while on probation for DWI. If that's the case - then I would recommend that you have your lawyer go back to that judge and ask him or her to remove any conditions which would prohibit you from using alcohol - that is - if that judge still has a bench after January 1st. I'm surprised that in today's climate , with all of the political pressure brought to bear on both judges and prosecutors by Mothers Against Drunk Drivers, that your judge would allow you to continue to use alcohol while on DWI probation. Is it possible you misunderstood the judge? I agree with the other lawyers. A standard condition of DWI probation is that you be evaluated to determine if you have a drug or alcohol problem. if it is found that you do, then it becomes the order of the court that you get treatment. It goes without saying that abstaining from alcohol is part of that treatment. Like I said, you can always have your attorney ask the judge to remove that condition from your probation.

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  • Can a judges favorable decision in an ALR case create any sort of favorable leverage in the criminal part of a DWI defense?

    Decision basically stated there was not conclusive evidence the individual was legally intoxicated at the time of the accident.

    James’s Answer

    Was there a hearing with live witnesses ? If the officer testified under oath, and afterward the judge found "no conclusive evidence of intoxication", then we can assume the evidence was favorable to your defense - "I wasn't intoxicated." The ALR hearing is tape recorded, and you should immediately attempt to get your hands on that recording. There's your "leverage". If the officer now attempts to alter or otherwise change his or her testimony, you have a presumably favorable prior recorded statement which can be used to impeach their testimony at trial and call into question their credibility. In Harris County, it's not uncommon for the State to request a copy of that tape. Hope this helps.

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  • If you take a breathalizer for the police and ask to see it do they have to show you?

    I asked see it but they said they didn't have show me.

    James’s Answer

    They don't have to - just doesn't seem fair does it ? Merry Christmas.

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  • I'm 47, no prior criminal history at all. Is Pretrial Diversion realistic in Harrison County, Texas? Kenda Culpepper current DA

    It is my understanding that Mike Anderson got rid of DIVERT & was considering Pre Trail Diversion. I am a highly respected female professional and am highly concerned about my reputation. I am typically a law abiding, moral, religious, & ethical. ...

    James’s Answer

    • Selected as best answer

    They do offer pretrial intervention, which is the same thing as the pretrial diversion program, in Harris County Texas. This is the policy of Devon Anderson, the current District Atty. You do have to meet certain minimum qualifications, including having a blood alcohol content under .15, and you can never have been arrested for anything your entire life. Remember, just because an officer said you were intoxicated doesn't mean that you actually were. That is why you hire an experienced DWI attorney. They can look at all of the evidence, and then advise you whether you should plea or fight the case. Pretrial diversion is a good option where the evidence proves your guilt beyond a reasonable doubt - not so good where it doesn't. Get a second opinion about your level of intoxication from an attorney who has your best interest at heart. Take care and don't let this spoil the rest of your Christmas. By the way, do not fail to request the ALR hearing, as you have only 15 days to make that request. This is the hearing to save your license. The lawyer you hire can handle that for you. Best of luck.

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  • LOST CDL FOR LIFE IN PENNSYLVANIA

    I was driving my personal vehicle and get a 1 year suspension in PA for refusal to blow in a breathalizer, then one year after getting my license back I got my first DUI and did the ARD program in PA. but PA says I have lost my CDL for life. I ...

    James’s Answer

    I'm afraid you may be out of luck. Texas will not issue a CDL to a person who has been disqualified to hold a CDL, or a person who's CDL has been suspended, by another state. See section 522.025 of the Texas Transportation Code. You must have your license reinstated by Pennsylvania in order to get aTexas CDL. That's how I read it. I would be interested to hear from any Pennsylvania lawyers who may be able to shed additional light on your situation. Is there no rehabilitation program you could enter in Pennsylvania in order to get your license reinstated? Don't let this get you down, there are other opportunities out there for you – you just have to find them. Hope this information helps. Merry Christmas !

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  • What are the possible outcomes of my DWI case?

    I was arrested earlier this year and have already had one trial setting. The prosecution was not ready so they reset the trial for sometime early this coming year. I was involved in an accident, it is why I was arrested at all (single car). My blo...

    James’s Answer

    I agree with Mr. Hill. If they cannot make the case without the officer, and the officer continues to be unavailable for trial, then it is possible that the judge will force them to go ahead without him. They will then have to make a determination whether they can make the case without the officer. If they feel they cannot, they may dismiss the case. You are still not out of the woods them. They have two years from the day of the incident to refile the case. There is no double jeopardy in this happening because a jury was not seated and sworn. Hope this information helps.

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  • My friend was on Sober court probation he failed a blow on his device on thanksgiving and they revoke his probation.

    How long will he do in country jail if he got credit for 6 months. He sentence would have been a year in country

    James’s Answer

    Which SOBER court was it ? These judges don't usually violate someone and "max them out" for one failed blow on their interlock. In fact, they usually go out of their way to rehabilitate these repeat DWI offenders. As far as the jail sentence is concerned, If he had 6 months jail credit, and the sentence was a year in jail, then his jail time has already been served - assuming he was awarded "good time" which is two days credit for every one day served - and if all of his fines and court costs have been paid. Hope this helps.

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  • Drug test at DWI sentencing hearing if I'm entering a plea of no contest?

    I was arrested for DWI in Texas (I was 19 at the time and blew a .17). I have been given the option to serve 8 days in the SWAP program if I plead no contest to the DWI. My lawyer specifically said that there would be no probation, no ignition int...

    James’s Answer

    The short answer is that a court can always have you drug tested at any time while you're out on bond. One of the conditions of bond is that you refrain from using illegal drugs. Hopefully you are clean,. A court can always have you tested before deciding whether or not to accept your plea bargain. You need to speak to a Dallas DWI attorney who routinely handles these types of cases. They will know whether drug testing is routine before admitting someone into this program. Hope this helps.

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